William L Lee

William Little Lee did not plan to go to Hawaiʻi, let alone spend his life there.  (Dunn)

Lee had received the best legal education available for an American of his time. He had been a law student at Harvard under US Supreme Court Justice Joseph Story and the renowned law teacher Samuel Greenleaf.  After a year's practice in Troy, New York, his recurring illness caused him to leave.  (Silverman)

In February 1846, he sailed for the Oregon Territory with his friend and fellow adventurer, Charles Reed Bishop. After a long and stormy voyage, their ship (the Henry,) after about eight months at sea, arrived in Honolulu harbor October 12, 1846, needing extensive repairs.  (Dunn)

While waiting there, Lee was consulted by some American residents on a legal question.  He caught the attention of officials in the Hawaiian kingdom and was recruited by Attorney General John Ricord and Dr. Gerrit Judd, the Minister of Finance for Kamehameha III. Lee, then 26 years old, was only the second trained attorney in the Islands (after Ricord).  (Dunn)

After some persuasion, he consented to stay, provided his friend could also be provided with employment. This was done, and Lee and Bishop made their home in Honolulu.  (Bishop later married a Princess, Bernice Pauahi, founded Bishop & Company (what is now known as First Hawaiian Bank) and became a well-known financier and philanthropist.)

On December 1, 1846, Governor Mataio Kekūanāoʻa appointed Lee a judge in the newly organized court system.  The appointment of Lee marks the beginning of a new era in the history of the Hawaiian judiciary. His character and attainments were such that under his leadership the courts won and retained public confidence.  (Kuykendall)

The greater part of the Statute Laws of His Majesty, Kamehameha III was drafted by Attorney General Ricord before he resigned from the government; it was completed by Judge Lee. (Kuykendall)

The Act of 1847 expressly provided that the judges should be entirely independent of the executive department, and that the
King in his executive capacity should not control the decisions of the judges.

Following this, Lee presided over the Superior Court of Law and Equity (this court was later elevated to become the Supreme Court.)  Lee served as Chief Justice (the Islands’ first CJ,) Lorrin Andrews and John ʻĪʻi as associate justices.  The three justices heard all cases of original or appellate jurisdiction above the district court level.  Lee was appointed to the Privy Council.

He strenuously urged upon the king and chiefs the policy of giving up to the common people a third of their land, and when a law to that effect was passed, he was appointed president of the Board of Commissioners to Quiet Land Titles (the Land Commission) to carry out its provisions, but he declined to accept any compensation for his services.  (Ellis)

As much as anyone, Lee was responsible for carrying into effect the system of private property ownership. All of his deepest beliefs came together in his support of land ownership by commoners. He felt that "merely to preserve" their rights "would be no gain." He wanted to go forward to "define their rights—to separate them from those of their chiefs."

He sought “to give them what they have as their own, to inspire them with more self respect, more independence of character, and to lead them if possible to work, and labor, and cultivate, and improve their land.”  (Silverman)

In 1851, he was elected to the Legislature and became Speaker of the House of Representatives.  Among his labors were the framing of the revised constitution of the kingdom, and the task of drafting criminal and civil codes for the kingdom.  (Ellis)

Lee brought major areas of substantive Western law into the Hawaiian legal system by drafting legislation which was frequently passed without alteration.

He wrote the Masters and Servants Act (1850) which governed the terms of contract labor of thousands of Hawaiian and immigrant plantation workers. He drafted the Marriage and Divorce law (1853) which liberalized divorce grounds to include several causes, instead of adultery only. He undoubtedly drafted basic business legislation, such as the bankruptcy law (1848.)  (Silverman)

As Chief Justice, first of the Superior Court (1847-52) and then the Supreme Court (1852-57,) Lee administered the court system. He created the position of clerks in the Supreme and Circuit courts and placed them under centralized control.

By the time of the 1852 Constitution, aliʻi authority combined with Western precedents to create a Hawaiian judicial system that was Western in philosophy, structure and procedure.

Soon after the 1852 Constitution went into effect, Chief Justice Lee moved into the newly constructed coral block courthouse located near the harbor. This courthouse was the first structure in the islands built expressly for court purposes. It was built on the site of Halekauwila, a large Hawaiian house belonging to Kamehameha III, where earlier court sessions had been held.  (Silverman)

Judge Lee's health, always delicate, gave way as a result of undue exposure in attendance upon sick natives during an epidemic of smallpox in 1853.

This brought on a return of his early malady, and in 1855, in order to obtain medical advice, he accepted an appointment as minister plenipotentiary and envoy extraordinary to negotiate a treaty with the US by which sugar from the islands was to be admitted free of duty, in return for the admission to the islands of lumber, fish and some other productions of the Pacific states.  (Ellis)

He went to the continent; however, his health did not improve and he returned to the Islands, where he died (May 28, 1857; he is buried as Union Cemetery, Fort Edward, Washington County, New York.)

The image shows William Little Lee.    In addition, I have included other images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Honolulu Courthouse

Up to late-1840s, the Judiciary found quarters in other people's houses.

At the end of 1846 the King's Privy Council resolved to authorize funds and have Governor Kekūanāoʻa’s stone house within the old fort of Honolulu “be turned into a court house for the foreign judges and Hopkins’ house for a district court house, said houses however to be put in good condition.”  Back then this was at the water’s edge.

An act to organize the judiciary department of the Hawaiian Islands was passed in September, 1847. It set up a superior court and otherwise assembled the machinery of law and order.

Beginning early in 1851, as a combined courthouse and jail, work was soon halted "on account of the depth of water found upon the foundation rock, which rendered it impracticable to proceed."

When work was recommenced in June, the jail had been dropped and the plans for the new building called only for one that would "serve the purposes of the Legislative Assembly, as well as for holding the Courts."

In October, sixty prisoners were used to cut coral blocks for the Courthouse. One night while staying in houses near their work place (in order to take advantage of a low tide very early in the morning,) forty men overpowered the guards and seized the gun batteries overlooking Honolulu.

Loaded cannon were trained on prominent buildings.  But the prisoners lacked fire to set off the pieces.  The prisoners were captured and order was restored in the morning.

On July 5, 1852, the superior court of the Kingdom of Hawaiʻi met for the first time.  At the time, it was the second largest building in the kingdom and served concurrently as a courthouse, parliament house and civic center.

Judge Lee opened the session of the superior court with an address in which he asked those in attendance to "pause a moment, as we meet for the first time in this temple dedicated to justice, and reflect upon our duties as lawyers, as jurors, and as judges."

In concluding his address, Judge Lee referred briefly to the new courthouse: "I well remember when I landed on these shores, now nearly six years ago, the court met in an old grass house, floored with mats, without benches, seats or comforts of any kind, with one corner partitioned off with calico, for judge's office, clerk's office, police court, and jury room, standing on the very ground where now stands this substantial edifice erected at a cost of upwards of forty thousand dollars, and which would do credit to any land.”

He continued, “Justice in a grass house is as precious as justice in one of coral, but no one can fail to agree with me, that the latter with all its comforts and conveniences is greatly to be preferred, inasmuch as it tends to promote that dignity and propriety of manners so essential to secure a proper respect for the law and its administration. May this Hall ever be the temple of Justice - may its wall ever echo with the accents of truth - may its high roof ever look down upon us in the faithful discharge of our duties — and may the blessing of Him who builded the Heavens and whose throne is the fountain of all justice ever rest upon us."

When the court house was built, the city gained a new and bigger set of public rooms. The result was that the chambers dedicated to the government’s judicial and legislative processes were the scene of a variety of private and community functions.

In addition to its official function as a courthouse and legislative hall, the building was frequently used for public meetings. The congregation of the Second Foreign Church of Honolulu announced it would use the new court house for its services.

Among the more colorful events to be held at the courthouse were the festivities given during the reign of King Kamehameha IV. On November 13, 1856, the Chinese merchants of Honolulu and Lāhaina combined to give a grand ball to their majesties King Kamehameha IV and Queen Emma, in honor of their recent marriage.

Almost the last official action to take place in the courthouse was the special session of legislature, called for February 12, 1874, to elect a successor to King Lunalilo, who had died without having designated an heir to the throne.

Lunalilo himself had been elected king in this building on January 8, 1873, after Kamehameha V died without issue and without having proclaimed an heir on December 11 of the preceding year.

In accordance with the provisions of the constitution in cases where the previous occupant of the throne failed to nominate or proclaim a successor, the cabinet of the late king called a meeting of the legislative assembly to "elect by ballot some native alii of the kingdom as successor to the throne." Such a meeting was ordered by the cabinet for noon Feb. 12.

With the Court and Legislative functions in the old Courthouse ended, the regular session of the legislature for 1874 met on April 30, 1874 in the legislative hall of the new government building - Aliʻiolani Hale.

The old Courthouse was advertised for sale at auction in the Pacific Commercial Advertiser of May 9, 1874.  The courthouse property was sold to H. Hackfeld & Co., predecessor of American Factors, Ltd. (AmFac – one of Hawaiʻi’s Big Five,) at the upset price of $20,000. As reported by the Hawaiian Gazette, "It is the best business stand in Honolulu."

The image shows the old Courthouse as drawn by Paul Emmert in 1854 – shortly after the building was completed.  In addition, I have included other images of the building in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Election Riot of 1874

1874 – On the continent, Jesse James and his gang participated in one of the most famous train robberies in history; at Gads Hill, Missouri, it was first time the James Gang robbed individual passengers.

Also on the continent, at Comer, Alabama, the White League (comprised of white Alabamian Democrats), formed an armed mob and killed at least seven black Republicans and a white Republican judge's son, injured at least 70 more and drove off over 1,000 defenseless Republicans from the polls – it became known as the Election Riot of 1874 (also the Coup of 1874.)

But that was there, what was happening here in Hawaiʻi?

On February 12, 1874, nine days after the death of King Lunalilo, an election was held between the repeat candidate David Kalākaua and Queen Emma, widow of King Kamehameha IV.

This was the second election of Hawaiʻi’s leadership - the kingdom’s Constitution stated if the monarch dies before naming a successor “such vacancy, shall cause a meeting of the Legislative Assembly, who shall elect by ballot some native Alii of the Kingdom as Successor”.

Therefore, the elections were held by the members of the legislature, not the public.  The election was held in a special session of the Legislature at the old Courthouse on Queen Street (it was almost the last official action to take place in the courthouse.)  When the vote was tallied, Kalākaua won by a count of 39 - 6.

Emma’s supporters (referred to as the “Queenites,” “Emmaites” or the “Queen Emma party”) were unhappy with the decision - an angry mob of about 100 of the Queen’s followers gathered. 

No outbreak occurred … until the Committee of five representatives, which had been appointed to notify the King of his election, attempted to leave the building and enter a carriage waiting to convey them to the Palace.

“The crowd surrounded the carriage and laid hands on them, and they attempted to defend themselves, as best they could without weapons, two of them were badly wounded before they effected entrance into the building to which they retreated.” (Hawaiian Gazette – March 4, 1874)

A riot ensued and many of the legislators were attacked, with one subsequently dying from his injuries (Mr. Lonoaea, representative from Wailuku, Maui.)

“An extra Police force had been enrolled the day previous, but except from those stationed inside, little or no assistance was obtained from the Police, who simply stood by and looked on, apparently sympathizing with the mob. It may be added that none of them were armed even with batons.”  (Hawaiian Gazette – March 4, 1874)

The queen's followers first surrounded and besieged the courthouse.  “The building was in great disorder, nearly every window being smashed and apparently all of the furniture having been broken. The floors were littered with mutilated books and torn papers and that of the upper room was blood stained in several places.”  (WHH Southerland)

Since the Hawaiian army had been disbanded after a mutiny sometime before, and the militias were unreliable, there was nobody to stop the riot. The Honolulu police force deserted and also joined in the unrest, even fighting against each other depending on their political sympathies.

 “The only alternative, in this emergency, was to seek aid from the war vessels in port. About half-past 4 pm, a written request was sent by Charles R Bishop (the Minister of Foreign Affairs,) on behalf of the Government, to the American Minister Resident, for a detachment to be landed from the US ships Tuscarora and Portsmouth, lying in the harbor. And a similar request was transmitted to the British Consul General.” (Hawaiian Gazette – March 4, 1874)

The request stated, “Sir: A riotous mob having unexpectedly made a violent attack upon the Court House and the Members of the Legislature which we have not the force at hand to resist, I have to request that you will cause to be furnished at the earliest moment possible aid from the US ships "Tuscarora" and "Portsmouth" to the Police, in quelling the riot and temporarily protecting life and property.  Your obedient servant, Chas. R. Bishop” (Hawaiian Gazette – March 4, 1874)

A force of 150 American marines and sailors under Lieutenant Commander Theodore F. Jewell were put ashore along with another seventy to eighty Britons under a Captain Bay from the sloop HMS Tenedos.

The Americans headed straight for the courthouse, pushing back the rioters, and placing guards, they also occupied the city armory, the treasury the station house and the jail.

British forces marched up Nuʻuanu Valley to Emma's house where they dispersed a large crowd. They then went back to Honolulu to man the palace and the barracks.

“The American and English landing forces patrolled the city for a few nights and about one week later, no other disturbances occurring in the meantime, were withdrawn to their respective ships.”  (WHH Southerland)

(The USS Tuscarora happened to be in port because it was surveying a suitable route for a submarine telegraph cable between San Francisco and Honolulu.   They were taking a line of deep-sea soundings at intervals of thirty miles apart between the two ports.)

Kalākaua took the oath on February 13 (Queen Emma immediately acknowledged him as king,) after which his right to the throne was no longer in threat.

The image shows the old Courthouse and representation of the Election Riot of 1874 as drawn by Peter Hurd.

© 2012 Hoʻokuleana LLC